of March 27, 2015 No. 266
About approval of standard agreements on the provided regulated utilities (goods, works), and also on other provided regulated services (goods, works) relating to the sphere of natural monopoly
According to the subitem 1) Item 1 of article 14 of the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" PRIKAZYVAYU:
1. Approve:
1) the Standard agreement on rendering services in technical scheduling of leave in network and consumption of electrical energy, according to appendix 1 to this order;
2) the Standard agreement on rendering services in transfer of electrical energy on national power grid, according to appendix 2 to this order;
3) the Standard agreement on provision of services on transportation of commodity gas, according to appendix 3 to this order;
4) the Standard agreement on provision of services on storage of commodity gas, according to appendix 4 to this order;
5) the Standard agreement on provision of service of supply of gas through group reservoir installations, according to appendix 5 to this order;
6) the Standard agreement on provision of services of water supply and (or) water disposal, according to appendix 6 to this order;
7) the Standard agreement on provision of services on oil transportation, according to appendix 7 to this order;
8) The standard agreement on rendering services of air navigation, according to appendix 8 to this order;
9) the Standard agreement on rendering services of seaport for calling of the vessel seaport for production of cargo operations and/or other purposes with the subsequent exit from port (vessel call), according to appendix 9 to this order;
10) the Standard agreement on rendering regulated services of the airports, according to appendix 10 to this order;
11) the Standard agreement on rendering services in transfer and/or distribution of electrical energy, according to appendix 11 to this order;
12) the Standard agreement on rendering services in transfer and/or distribution of heat energy, according to appendix 12 to this order;
13) the Standard agreement on rendering service in accession to network of telecommunications public by the subject of natural monopoly, according to appendix 13 to this order;
14) the Standard agreement on rendering services of the high-level railway system, according to appendix 14 to this order;
15) the Standard agreement on rendering services in provision of siding for journey of railway vehicles on condition of lack of competitive siding, according to appendix 15 to this order;
16) the Standard agreement on rendering services in provision of siding for shunting works, loading unloading, other technological transactions of transportation process, and also for the parking of railway vehicles, unforeseen technological transactions of transportation process on condition of lack of competitive siding, according to appendix 16 to this order;
17) the Standard agreement on provision of services on water supply on bulk distribution lines and (or) channels, according to appendix 17 to this order;
18) the Standard agreement in use of the telephone (cable) sewerage, according to appendix 18 to this order;
19) the Standard agreement on rendering services of railway tracks with objects of rail transport under agreements of concession, according to appendix 19 to this order;
20) the Standard agreement on rendering services in the organization of balancing of production consumption of electrical energy, according to appendix 20 to this order;
21) the Standard agreement on rendering services in supply with heat energy, according to appendix 21 to this order.
2. To provide to committee on regulation of natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days after state registration of this order its direction on official publication in periodic printing editions and in information system of law of Ad_let;
3) placement of this order on Internet resource of the Ministry of national economy of the Republic of Kazakhstan.
3. To impose control of execution of this order on the first Vice-Minister of national economy of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Acting Minister of national economy of the Republic of Kazakhstan
M. Kusainov
|
It is approved Minister of Agriculture of the Republic of Kazakhstan from "__" ____________ 2015 |
______________ A. Mamytbekov |
|
It is approved Minister of investments and development of the Republic of Kazakhstan of April 27, 2015 |
______________ A. Isekeshev |
|
It is approved Minister of Energy of the Republic of Kazakhstan of April 28, 2015 |
_____________ V. Shkolnik |
Appendix 1
to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 266
___________________________ "__" ________ 20 __.
(place of agreement)
_____________________________________________________________________
(the name of the subject providing service, constituent documents
____________________________________________________________________,
certificate * or certificate of state registration
(re-registrations) of the legal entity, date and body of issue)
providing services in technical scheduling of leave in network
and consumption of electrical energy, hereinafter referred to as
The supplier, on behalf of __________________________________________________,
(position, First name, middle initial, last name)
acting on the basis of the __________________________, with one
parties, and __________________________________________________________
(user's details, constituent documents,
certificate * or certificate of state registration
(re-registrations) of the legal entity, date and body of issue)
hereinafter referred to as the Consumer, on behalf of _________________________,
(position, First name, middle initial, last name)
acting on the basis of the __________________, concluded this
The agreement (further - the Agreement) as follows.
1. In the Agreement the following basic concepts are used:
the settlement period - the period determined in the Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock (Central European time - time of meridian of Greenwich plus one hour) the last day of month for which calculation of services of the Supplier for technical scheduling is made;
national dispatch center of the system operator - the structural division of the system operator performing functions of centralized supervisory control of the modes of production, transfer and consumption of electrical energy and capacity in single electric utility system of the Republic of Kazakhstan;
complex of commercial accounting - the equipment necessary for commercial accounting located between certain point of commercial accounting and point of connection to the information acquisition device;
the actual amount - amount of electrical energy, the Consumer released (imported) by the Consumer in network (on networks) all classes of tension, irrespective of accessory of networks, including in network (on networks);
the consumer who - is power making, power supplying or the power transferring organization, and also the legal entity performing delivery (import) of the electric power because of limits of the Republic of Kazakhstan
department of authorized body - Committee on regulation and natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan;
normative electric power quality - the quality of electrical energy conforming to the requirements and standards approved at the time of agreement performance;
contractual amount of electric energy / electric power - the amount of electrical energy which is subject to technical scheduling;
electric networks - the set of substations, distributing devices and the power lines connecting them intended for transfer and/or the distributions of electrical energy belonging both to the Supplier and/or the Consumer, and the third parties on the property right, the corporeal right or on other bases established by the civil legislation of the Republic of Kazakhstan;
the actual balance of production consumption of electrical energy in the wholesale market of electrical energy of the Republic of Kazakhstan - the document constituted by the system operator establishing address distribution of amounts of the made, delivered and consumed electrical energy in the markets of the decentralized and centralized trade, the balancing market of electrical energy for settlement period. The actual balance is the basis for carrying out settlement between subjects of the wholesale market of electrical energy of the Republic of Kazakhstan;
the request - the written instrument signed by the authorized representative Potrebitelya and sent to the Supplier according to the procedure and to the terms established by the Agreement, containing information on amount of electrical energy, period of time of transfer of electrical energy, distribution of amount on capacity during this period. The request can be monthly, daily and operational;
the regional dispatching center - the regional dispatch center of the system operator which is quickly subordinated to national dispatch center of the system operator and performing operational and dispatching functions;
the supplier - the system operator rendering services in technical scheduling of leave in network and consumption of electrical energy to the Consumer.
Other concepts and terms used in this Agreement are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets and the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry".
2. The supplier provides technical scheduling of supply of electricity in network and parallel operation of power stations of the Consumer as a part of single electric utility system of the Republic of Kazakhstan.
3. Specifications and characteristics of rendering services in technical scheduling of leave in network and consumption of electrical energy:
____________________________________________________________________
(specifications and characteristics are provided in this Item
_____________________________________________________________________
_____________________________________________________________________
the subject of the agreement which shall conform to requirements of regulating technical documents)
4. Services in technical scheduling are rendered according to the legislation of the Republic of Kazakhstan on power industry and this Agreement.
5. To the mode of technical scheduling daily schedules of issue of electrical energy from the power making organizations and/or the electrical energy imported by the Consumer are accepted.
6. The daily schedule of production and electric power consumption is constituted by the Consumer based on the direct agreements signed by it with consumers taking into account adjustments based on the approved daily requests of consumers.
7. The actual amount of the electrical energy released (imported) by the Consumer in network (on networks) of all classes of tension, irrespective of point of accession of electroinstallations, is determined from 00:00 o'clock the first day till 24:00 o'clock (Central European time - time of meridian of Greenwich plus one hour) the last day of settlement period by indications of the devices of commercial accounting established on tires of the power making organizations (power plants) of the Consumer, or on limit of the Section of operational responsibility of the Consumer and electronetwork owners with signing of the reconciliation statement of indications of devices of commercial accounting by the parties no later than the fifth following for settlement.
8. Adjustment on monthly amount of contractual size of supply of electricity is quickly approved by the parties not later than ten calendar days prior to the beginning of month. Adjustment of monthly amount is allowed only within contractual quarter amount of services in technical scheduling.
Offers on quarter amount of contractual size of leave in network and consumption of electrical energy are quickly approved by the parties not later than sixty calendar days prior to the beginning of quarter.
9. Devices of commercial accounting shall be checked and sealed up. The parties shall provide each other access to commercial metering devices, during working hours of days for the purposes of removal of indications, check and approbation. If one of the parties is not present at removal of indications, then other party is allowed to make removal of indications independently.
10. The parties make at own expense metrological checkings of the counters which are on their balance and other measuring equipment in the terms provided by the corresponding metrological standards.
The parties can demand carrying out additional checkings which are made at the expense of the requiring party.
If in case of additional checking it will be found out that meter readings exceed the error allowed by their class of accuracy, costs for additional checking are paid by the owner of devices.
11. When carrying out any kind of the works connected with change or violation of accounting of the electric power, the Consumer before works in writing informs on it the Supplier and gets the corresponding permission. During repair by the Consumer accounting of the electric power can be performed according to temporary schemes approved with the Supplier.
12. The supplier has the right:
1) in coordination with the Consumer to change the approved daily schedule of production - consumption of electrical energy of the Consumer, on condition of observance of contractual sizes of leave in network and consumption of electrical energy following the results of settlement period;
2) in case of decrease (loss) in the generating capacity of the Consumer or decrease in supply of electricity to the Consumer by other suppliers to introduce restrictions of his consumers for the size of decrease in leave in network according to the list of the Consumer. In case of lack of the list, in twenty minutes after the preliminary prevention to make restrictions of his consumers at own discretion. Restrictions of consumers are not introduced if the Consumer provided replacement of capacity from other generating source, and only in case of the actual rise in stand-by capacity by suppliers;
3) in case of failure to carry out by the Consumer of the approved daily schedule of production - consumption of electrical energy taking into account operational adjustments to introduce restrictions of his consumers for the size of decrease in leave in network according to the list of consumers, provided by the Consumer. In case of lack of the list, the Supplier in twenty minutes after the preliminary prevention the Consumer can make restrictions of his consumers at own discretion;
4) to make switchings in electric distributing devices of power plants and substations of the Consumer for conclusion in repair of the equipment (high-voltage lines), implementation, liquidation of emergency violations, and also implementation of actions on input of restrictions of consumers of the Consumer and consumers of the third party.
5) in case of violation of contractual conditions to stop rendering services in technical scheduling of leave in network and consumption of electrical energy according to the civil legislation of the Republic of Kazakhstan.
13. The supplier shall:
1) to provide equal conditions for all participants of the wholesale market of electrical energy;
2) in case of the conclusion of service provision agreements on technical scheduling of leave in network and consumption of electrical energy regarding establishment of rates to be guided by decisions of department of authorized body;
3) to allow the breaks established by the agreement in giving, the termination or restriction of rendering services in technical scheduling of leave in network and consumption of electrical energy;
4) to provide reliability of parallel work of the Consumer in structure to single electric utility system of the Republic of Kazakhstan including at the expense of means of antiemergency control on objects of the Consumer and the third parties; 5) to perform technical study of requests and to create conditions for conclusion in repair of primary equipment, devices of relay protection and automatic equipment, and also antiemergency automatic equipment of the means of dispatching and technological management of the Consumer which are in operational management and maintaining national dispatch center of the system operator (regional dispatch center) and to make necessary switchings in power networks for safety of carrying out repair work or production of testing on the Consumer's objects;
6) to carry out requests of the Consumer for restriction of consumers in the absence of payment or untimely payment of the Consumer for the released electric power. At the same time submission due date of the request of the Consumer shall be at least four days before input of restrictions. Responsibility for illegal restriction of consumers is born by the Consumer;
7) in case of complete dumping of capacity power source (power plant) of the Consumer to zero with loss of own needs of power sources (power plants) to perform giving of tension on tires of power source of the Consumer for recovery of food of own needs;
8) timely to inform the Consumer on origins of violation of the normal mode to single electric utility system of the Republic of Kazakhstan which led to violation of normal operating mode of the equipment of power source of the Consumer;
To provide 9) to the Consumer technological information, in the amount of the characteristic and scheme of the transferring lines and substations approved by the Supplier, lists of persons, directly actionees of terms of the contract and having the right to conduct operational negotiations;
10) to provide technical capability of access for representatives of the Consumer for receipt of the complete information about accomplishment by the Supplier of terms of the contract;
11) to observe dispatching and technological discipline, not to allow actions which can lead to violation of operating mode of power source of the Consumer;
12) to fulfill requirements of regulating documents, instructions, not to cause the actions damage to business activity of the Consumer;
To approve 13) to the Consumer, according to its request, necessary operational adjustments of the daily schedule of production consumption of electrical energy. Not allow unreasonable refusals in coordination of such adjustments;
14) to provide to the Consumer daily information on the amounts of consumption by his direct consumers which are directly connected to networks of the Supplier.
15) to carry out calculations and to handle issues of stability and antiemergency control in network of 110-220-500-1150 kilovolts which are in operational management and maintaining the Supplier;
To represent 16) on execution of graphics of automatic frequency loading;
17) to support the required level of frequency and tension on electrical power objects of the Supplier in the normal modes according to normative and technical acts and standards in the field of power industry;
18) to represent schedules of tension at least once a quarter in control points of the Supplier;
19) to consider and approve annual and monthly schedules of capital and running repairs of the electronetwork and electrical power equipment, the devices of relay protection and automatic equipment and antiemergency automatic equipment which are in operational management and maintaining the Supplier;
20) to carry out necessary calculations and coordination of installations, development or coordination of schematic (structural) diagrams for the devices of relay protection and automatic equipment and antiemergency automatic equipment which are in operational management and maintaining the Supplier;
21) to provide indemnification, the powers or wrongful acts caused to the Consumer in case of excess from its party and only in case of full implementation by the Consumer of terms of the contract.
14. The consumer shall:
1) to provide proper technical condition of distributing devices, the devices of antiemergency automatic equipment located on objects of the Consumer, devices and complexes of commercial accounting of the electric power according to requirements of regulatory legal acts in the field of power industry;
2) to observe the approved daily schedule of production - consumption of electrical energy;
3) to fulfill the normative requirements directed to maintenance of standard frequency of electrical energy in single electric utility system of the Republic of Kazakhstan;
4) to allow workers of the Supplier to devices of commercial accounting, and also workers of the State energy control for control of technical condition and safety of operation of electroinstallations according to regulatory legal acts of the Republic of Kazakhstan in the field of power industry;
5) based on the signed delivery agreements and/or electric power consumption to represent the hourly schedule of the execution of loading to 11-00 o'clock in the afternoon preceding day of execution of the daily schedule to national dispatch center of the system operator (regional dispatch center);
6) to fulfill requirements of national dispatch center of the system operator (regional dispatch center) for dispatching regulation of electric loading and to accept the daily schedule of production consumption of electrical energy approved in accordance with the established procedure to execution;
All operational adjustments of the daily schedule of production consumption of electrical energy within the current days it is preliminary to approve 7) with the Supplier. The consumer makes operational adjustment of the current mode after receipt of coordination of the Supplier. Responsibility on execution of the operational adjustment of the mode which is not approved with the Supplier is born by the Consumer;
8) to provide accounting of the electric power in necessary amount;
9) to organize transfer to national dispatch center of the system operator (regional dispatch center) of telemetric information on leave to network of the Consumer;
To transfer 10) to national dispatch center of the system operator (regional dispatch center) which information, the amount and terms of receipt are provided by industry instructions, for planning of the long-term, short-term and daily modes of single electric utility system of the Republic of Kazakhstan;
11) daily, till 11-00 o'clock to transfer to national dispatch center of the system operator (regional dispatch center) information on the actual amount of the released electric power for last days;
To represent 12) upon the demand of the Supplier results of measurements on generation of active and jet capacity for characteristic working winter and summer days;
13) in January of each calendar year to represent to national dispatch center of the system operator (regional dispatch center) technological information, characteristics and schemes of power plant, executive schemes of devices of relay protection and automatic equipment and antiemergency automatic equipment of the organization of communication channels and telemechanics, lists of persons having the right to conduct operational switchings and negotiations, and also lists of persons responsible for operation of means of communication, telemechanics, relay protection, automatic equipment and antiemergency automatic equipment and also to report timely about their changes;
14) to observe dispatching and technological discipline, not to allow actions which can lead to violation of operating mode of power pool, fulfill requirements of directive documents, instructions and regulations on relations, not to cause the actions, uncoordinated to the Supplier, damage to other subjects of power market;
15) quickly and fully to inform national dispatch center of the system operator (regional dispatch center) on all violations of operating mode, the spontaneous phenomena and accidents according to industry instructions;
16) to perform normal operation, maintenance (timely carrying out repair and adjustment work) of the primary equipment and to carry out set by national dispatch center of the system operator (regional dispatch center) of the characteristic, amounts and installations of devices of relay protection and antiemergency automatic equipment, automatic frequency unloading;
17) to provide transfer under the approved protocols of dispatching management of amount of telemetric information, necessary for the purposes, which is determined by national dispatch center of the system operator (regional dispatch center);
18) for implementation of supervisory control to provide the organization of leased communication channel;
19) to provide availability of measuring complexes of commercial accounting of the electric power with connection to the automated system of commercial accounting of the electric power (ASCAEP) of the Supplier;
20) to pay services of the Supplier in technical scheduling in the amount of and procedure, established by the Agreement.
21) not to break the approved annual, quarter, monthly schedules of capital and running repairs electronetwork, electro - both the heat power equipment, devices of relay protection and automatic equipment, and the antiemergency automatic equipment which is in operational management and maintaining the Supplier.
15. The consumer has the right:
1) to demand from the Supplier of accomplishment of obligations under this agreement;
2) to challenge actions of the Supplier according to the legislation of the Republic of Kazakhstan on power industry.
16. The supplier has the right to suspend or stop rendering services in technical scheduling in case of failure to carry out by the Consumer of the obligations under the Agreement, with the prior notice of the Consumer at least in 72 (seventy two) hours. At the same time the termination of services in technical scheduling is implemented by means of allocation of power source of the Consumer for the isolated work before accomplishment by the Consumer of terms of the contract.
17. The parties shall quarterly, within fifteen calendar days from the date of receipt of the reconciliation statement, sign the settlement reconciliation statement as of the last number of quarter, with indication of disagreements or without those.
18. Fee of the Supplier on technical scheduling is made according to the rate approved by department of authorized body.
19. In case of change of rate the Supplier in writing or through mass media notifies on it the Consumer not later than thirty calendar days before introduction it in action.
Final settlement is made by the Consumer within five working days from the date of the actual provision of the supplier invoice for payment exposed based on the reconciliation statement of amounts of the rendered services.
20. In case of refusal one of the parties from signing of the reconciliation statement of indications of devices of commercial accounting, the document confirming the actual amount of the rendered services is the actual balance.
21. In the presence of debt for previous periods first of all payment goes for repayment of this debt. In case of payment by the Consumer of the amount exceeding actual for settlement period, the difference of this excess is automatically set off in advance payment of the next settlement period (or, as agreed by the parties, on account of debt repayment of the Consumer according to other obligations to the Supplier if that is available). If the Consumer refuses services of the Supplier for the next settlement period, excessively paid amounts return, except for the amounts which go for debt repayment of the Consumer on others, to the obligations confirmed with the parties, including cash, before the Supplier (if that is available).
22. If the Consumer challenges correctness of the exposed invoice, he notifies the Supplier within ten calendar days from the date of receipt of the invoice and submits to the Supplier the written application with statement of objections. At the same time the Consumer shall pay not challenged part of the invoice in the terms stated above.
23. Obligation fulfillment of the Consumer on fee of the Supplier on technical scheduling of leave in network and consumption of electrical energy transfer of money for the current account of the Supplier on the details specified in the invoice or on the current account of the third party on the details specified by the Supplier in the notification sent to the Consumer is recognized.
24. In case of detection, after signing of the reconciliation statement of amounts, defect of instrumentations, the Supplier exposes the additional invoice, based on the corrected reconciliation statement signed on both sides during subsequent settlement period.
25. Under this agreement the parties bear responsibility according to the civil legislation of the Republic of Kazakhstan for failure to carry out or inadequate accomplishment of obligations.
26. For non-payment of the invoice by the time of approach of payment due date on it the Supplier has the right to charge penalty on the unpaid Consumer to the amounts since the day following behind day of the termination of payment due date. On the overdue amounts the Supplier has the right to demand from the Consumer of payment of the penalty calculated proceeding from 1, 5-fold refunding rate established by National Bank of the Republic of Kazakhstan on the date of the actual execution by the Consumer of monetary commitment, for each day of payment delay.
27. In case of non-payment of payments in the terms provided by this Agreement, the Supplier can determine operating mode according to Item 16 of the Agreement what informs the Consumer at least in 72 (seventy two) hours prior to input of restrictions on.
28. The supplier does not bear responsibility to the Consumer for the violation of operating mode of power source of the Consumer caused:
1) emergence of force majeur circumstances;
2) production accidents and technological violations on power generation facilities of the subjects of power market who are not participating in this Agreement;
3) the lack of communication or information provided by industry instructions on fault of the Consumer;
4) wrong actions of personnel of the Consumer;
5) the circumstances provided by subitems 2), 3) of Item 12 and Item 16 of this Agreement;
6) operation of antiemergency automatic equipment in the places and amounts set by national dispatching office the center of the system operator (the regional center of dispatching office).
29. The supplier does not bear responsibility for quality of the provided services in technical scheduling in case of incomplete or inadequate accomplishment by the Consumer of the obligations under the Agreement.
30. The parties are exempted from liability for non-execution or improper execution of agreement obligations if it was consequence of force majeure circumstances. In this case any of the parties will not have the right to indemnification. Upon the demand of the either party in this case the commission determining execution of cross liabilities can be created. At the same time any of the parties is not exempted from the obligations under the Agreement arising before force majeure circumstances.
31. If one of the parties is not able to fulfill the agreement obligations within sixty calendar days from the date of approach of force majeure circumstances, other party has the right to terminate the Agreement.
32. The agreement of rendering services in technical scheduling of leave in network and consumption of electrical energy consists with the Consumer in individual procedure.
33. The relations of the parties following from the Agreement and which are not settled by it are regulated by the civil legislation of the Republic of Kazakhstan. 34. The agreement is constituted in duplicate in the state and Russian languages in one copy for each Party.
The agreement for the public institutions financed from the government budget is registered in territorial authorities of treasury of the Ministry of Finance of the Republic of Kazakhstan and comes into effect from the date of its registration.
35. The agreement becomes effective from 00-00 o'clock "___" _________ 20 __ years and is effective till 24-00 o'clock "___" with _________ 20 __ years (Central European time - time of meridian of Greenwich plus one hour).
36. The duration of the agreement is extended for certain term with refining of amount of services in technical scheduling of leave in network and consumption of electrical energy if one of the parties declares it in thirty calendar days prior to the termination of the duration of the agreement, prolongation of term of the agreement is drawn up by the supplementary agreement to the Agreement.
Supplier: _____________________ Consumer: _____________________
_______________________________ _______________________________
_______________________________ _______________________________
_______________________________ _______________________________
Note: * the certificate on the state (accounting) registration (re-registration) of the legal entity (branch, representation) issued before enforcement of the Law of the Republic of Kazakhstan of December 24, 2012 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning state registration of legal entities and accounting registration of branches and representations" is valid before the termination of activities of the legal entity.
Appendix 2
to the Order of the Minister of national economy of the Republic of Kazakhstan of March 27, 2015 No. 266
___________________________ "__" ________ 20 __.
(place of agreement)
_____________________________________________________________________
(the name of the subject providing service, constituent documents
____________________________________________________________________,
certificate * or certificate of state registration
(re-registrations) of the legal entity, date and body of issue)
providing services in technical scheduling of leave in network
and consumption of electrical energy, hereinafter referred to as
The supplier, on behalf of __________________________________________________,
(position, First name, middle initial, last name)
acting on the basis of the __________________________, with one
parties, and __________________________________________________________
(user's details, constituent documents,
certificate * or certificate of state registration
(re-registrations) of the legal entity, date and body of issue)
hereinafter referred to as the Consumer, on behalf of _________________________,
(position, First name, middle initial, last name)
acting on the basis of the __________________, concluded this
The agreement (further - the Agreement) as follows.
1. In the Agreement the following basic concepts are used:
settlement period – the period determined in the Agreement as the period of time equal to one calendar month from 00-00 o'clock the first day till 24-00 o'clock (Central European time – time of meridian of Greenwich plus one hour) last day of month for which calculation of services of the Supplier for transfer of electrical energy is made;
delivery point – accession (system of accessions) on limit of the Section of balance sheet accessory of the Supplier in which the Supplier transfers electrical energy to the Consumer;
national dispatch center of system – the structural division of the Supplier performing functions of the central operational dispatching management by the modes of production, transfer and consumption of electrical energy and capacity in single electric utility system of the Republic of Kazakhstan;
complex of commercial accounting – the equipment necessary for commercial accounting located between certain point of commercial accounting and point of connection to the information acquisition device;
limit of the Section of balance sheet accessory – the limit of the Section of power networks of the parties belonging to them on the property right, other corporeal right or on other bases established by the civil legislation of the Republic of Kazakhstan, determined by the act of differentiation of balance sheet accessory in terminal point of transfer of electrical energy;
the consumer – the subject of the wholesale market who concluded the bilateral bargain of purchase and sale of electrical energy with its delivery to certain period of time (week, month, quarter, year);
department of authorized body – Committee on regulation and natural monopolies and protection of the competition of the Ministry of national economy of the Republic of Kazakhstan;
route of transmission of electricity – way of transfer of electrical energy from collection point on power networks of the Supplier to Items of consumption of the Consumer;
amount of electrical energy – the quantity of electrical energy transferred to the Consumer's address, determined by indications of devices of commercial accounting on limit of the Section of balance sheet accessory of the Supplier and Consumer, and/or the third parties, measured in kilowatt hours for the purpose of cost determination of services in the Agreement;
the actual amount of electrical energy – the amount of the electrical energy given by the Supplier to the Consumer, determined based on indications of devices of commercial accounting and confirmed with the reconciliation statement of amounts of electrical energy or the actual balance;
power networks – set of substations, distributing devices, and the connecting power networks belonging both to the Supplier and/or the Consumer and the third parties on the property right, the corporeal right or on other bases established by the law;
collection point – accession (system of accessions) on limit of the Section of balance sheet accessory of the Supplier in which the Consumer transfers to the Supplier amount of electrical energy for the subsequent transfer it on networks of the Supplier to delivery points;
the request – the written instrument signed by the authorized representative Potrebitelya, and sent to the Supplier according to the procedure and to the terms established by the Agreement, containing information on amount of electrical energy, period of time of transfer of electrical energy, distribution of amount on capacity during this period. The request is monthly, daily and operational;
the actual balance of production – consumption of electrical energy in the wholesale market of electrical energy of the Republic of Kazakhstan - the document constituted by the system operator establishing address distribution of amounts of the made, delivered and consumed electrical energy in the markets of the decentralized and centralized trade, the balancing market of electrical energy for settlement period. The actual balance is the basis for carrying out settlement between subjects of the wholesale market of electrical energy of the Republic of Kazakhstan;
regional dispatch center – the regional dispatch center of the system operator (Supplier) which is quickly subordinated to national dispatch center of the system operator and performing operational and dispatching functions on certain region;
the supplier – the system operator performing transfer of electrical energy on national power grid.
Other concepts and terms used in this Agreement are applied according to the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets and the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry".
2. The supplier accepts from the Consumer electrical energy on border of balance sheet accessory of the networks in the collection points stipulated by this Agreement and performs its transfer to the Consumer on the power networks to the delivery points stipulated by this Agreement.
3. Specifications and characteristics of rendering services in transfer of electrical energy on national power grid:
____________________________________________________________________
(it is provided in this Item specifications and characteristics
___________________________________________________________________,
the subject of the agreement which shall conform to requirements
regulating technical documents in the field of power industry).
4. Transfer of electrical energy is made on the basis and according to the quarter or monthly request taking into account the possible adjustment made according to Items 5, 6 and 7 Agreements.
5. The application for the forthcoming quarter is submitted no later than sixty calendar days prior to the beginning of the respective quarter.
6. The monthly request is submitted for the forthcoming settlement period no later than ten calendar days prior to the beginning of the corresponding settlement period. Adjustment of monthly amount is allowed only within contractual quarter amount of transmission of electricity.
7. The monthly and quarter request is submitted by the Consumer Postavshchiku means of fax connection.
8. Adjustment by the Consumer in the monthly request of daily amounts of electrical energy and their distribution on capacity within the corresponding days is allowed. Adjustment is performed by means of:
1) the daily application submitted no later than 11-00 hours of the days preceding days for which amounts are adjusted;
2) the operational application submitted according to the Rules of rendering services by the system operator, the organizations and functioning of the market of system and support services approved by the order of the Government of the Republic of Kazakhstan of March 29, 2013 No. 300.
9. The daily application is submitted by the authorized representative Potrebitelya means of fax connection.
10. The operational application is submitted by means of the telephone message by the authorized representative Potrebitelya, with its obligatory subsequent registration in writing. Potrebitel timely tells the Supplier surname, name and middle name of the authorized representative submitting operational applications by means of the written notice.
In case of change of phone numbers and/or fax machines on which the Supplier for the purpose of agreement performance should accept monthly, daily, operational requests of the Consumer, and also operational requests arriving in festive and the days off the Supplier shall notify on it the Consumer in writing.
11. The actual amount transferred by the Supplier to the Consumer of electrical energy for settlement period in delivery points, is determined from 00-00 o'clock the first calendar day till 24-00 o'clock (Central European time – time of meridian of Greenwich plus one hour) the last calendar day of settlement period based on indications of the devices of commercial accounting established on borders of balance sheet accessory.
The actual amount of the transferred electrical energy for settlement period is confirmed by the reconciliation statement of amounts of the transferred electrical energy which is constituted based on reconciliation statements of indications of devices of commercial accounting.
12. The parties access to devices of commercial accounting within a day for the purposes of removal of indications shall provide at any time each other, checks of technical condition of chains of telemetry and complex of commercial accounting of the electric power. Removal of indications of devices of commercial accounting on the end of settlement period is made by authorized representatives of the parties. If the authorized representative of one of the parties is absent or refuses removal of indications, then the authorized representative of other party is allowed to self-construct removal of indications.
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The document ceased to be valid since July 12, 2019 according to Item 2 of the Order of the Minister of national economy of the Republic of Kazakhstan of June 24, 2019 No. 58